Judgment Search Results Home > Cases Phrase: bombay industrial relations act 1946 maharashtra section 70 award by arbitrator Page 21 of about 210 results (0.024 seconds)

Hindustan Coca Cola Bottling S/W Pvt. Ltd. and anr. Vs. Narayan Rawal ...

Court : Mumbai

Reported in : 2001(4)ALLMR302; 2001(4)BomCR402; (2001)3BOMLR817; [2001(90)FLR150]; (2001)IILLJ502Bom

..... even the definitions of 'employer' and 'employee' should be and can be amended on par with those under the bombay industrial relations act, 1946. ..... section 59 of the act puts embargo on the parties to file any other proceedings relating to the same cause of action decided by the courts under this act either under the industrial disputes act or the bombay industrial relations act, as the case may be. ..... at one point of time i was contemplating an idea to direct the state government to refer the whole complaint for adjudication under section 10 of the industrial disputes act, 1947 to the industrial tribunal (courts) as it is as a pragmatic and practical solution in the long term interest of both the parties. ..... complaint filed by the workmen is not maintainable under the maharashtra act, we are of the view that taking into consideration the fact that a long time has lapsed since the filing of the complaint, it is necessary that we exercise our powers under article 142 of the constitution, which we do hereby and direct the state government to treat the employees' said complaint as an industrial dispute under section 10(l)(d) of the said act to the industrial tribunal, bombay within four weeks from today. .....

National Textile Corporation (South Maharashtra) Limited (Unit Apollo ...

Court : Mumbai

..... illegal under section 97 of the bombay industrial relations act, 1946. ..... the learned judges have considered the issue of limitation and have held that where the workman is not informed of the date of termination of service, the question of limitation under section 42(4) of the said act read with rule 53(1) and (2) of the bombay industrial relations rules, 1947 would not arise. ..... by the petitioner, a government company registered under section 617 of the companies act, 1956, impugning the order of the labour court dated 23 december 2004 and the order of the industrial court dated 1 july 2006 in appeal. ..... the order of dismissal is dated 20.1.1983, whereas the approach notice under section 42(4) of the bir act is dated 4.4.1994 and the application under section 79 has been filed before the labour court on 18-7-1994. ..... the aforesaid impugned orders of the labour court and the industrial court are subject matter of the present petition, which has been filed by the national textile corporation (south maharashtra) limited, on behalf of the mill which is one ..... his application that sometime in may 1983 late shri vasant dada patil, the then chief minister of maharashtra, had appealed to all textile workers to report for work. ..... from the record before the labour court as well as the industrial court, it does not appear that the mill has substantially proved that the petitioner was made aware that his services were terminated and that he was ..... (supp) 686; 12) maharashtra state textile corporation ltd., .....

Shivaji Ramsing Rajput and ors. Vs. Ravalgaon Sugar Farm Ltd. and ors.

Court : Mumbai

Reported in : [1995(70)FLR744]; (1996)ILLJ42Bom

..... the relevant facts required for disposal of this writ petition are : the first respondent is an industrial establishment covered by the bombay industrial relations act, 1946 and its employees are governed by a set of certified standing orders which are determinative of relations between the petitioners and the first respondent by virtue of section 40 of the provisions of the bombay industrial relations act, 1946. ..... since it is not disputed that the first respondent is an industry covered by the provisions of the bombay industrial relations act and that the standing orders settled in accordance with chapter vii of the said act govern the industrial relations between the first respondent and its employees, it would be incongruous to suggest that the 'seasonal employees' within the meaning of the said certified standing orders would not be employees within the meaning of section 3(13) of the bombay industrial relations act. ..... it is not in dispute that such standing orders are prescribed under chapter vii of the bombay industrial relations act. 3. ..... 212 to 226 of 1984 under the provisions of the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred to as 'the act'). 2. .....

Tata Hydro Electric Power Supply Co. Ltd. and Others Vs. Shri Narendra ...

Court : Mumbai

Reported in : 1999(2)ALLMR42; 1999(2)BomCR356; [1999(82)FLR197]; (1999)IILLJ826Bom; 1999(2)MhLj57

..... it is an admitted position that it being a textile unit, the employer and the employee aregoverned by bombay industrial relations act, hereinafter referred to as the said bombay act.3. ..... as per the allegation in the complaints, this related to a settlement between the employer and the representative of the union of the employee as per the provisions of the bombay industrial relations act. ..... in the course of arguments, i was also taken through section 21 subsection (2) of the said act which reads as under :'(2) notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act'in view of the language starting with non obstante clause, the ..... agreeing therefore, the said act and the said bombay act both are complementing each other in the field of industrial relations. ..... in all four complaints were filed under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971, hereinafter referred to as the said act, by individual workmen under section 28 of the said act alleging that there is unfair labour practice on the part of the company with reference to item no ..... maharashtra state co-operative bank ltd .....

Shivanand Madanmohan Mishra and anr. Vs. Universal Ferro and Allied Ch ...

Court : Mumbai

Reported in : 2004(3)MhLj849

..... question as to whether the representative union under the bombay industrial relations act, 1946 has exclusive right to represent the employees, for the concerned industry, in complaints relating to unfair labour practices, under the said act, other than those specified in item nos. ..... that in view of the aforesaid policy, the government of india addressed a letter dated 20th june, 1999 to the government of maharashtra stipulating therein that union of india would supply additional 28 mwv of power to the government of maharashtra this additional supply would be ex-korba via the korba-koradi line for supply only to the petitioner company's export oriented unit ..... present petition challenging the order passed by the learned industrial court maharashtra (nagpur bench) in complaint (ulp) no. ..... this court against the mseb, government of maharashtra, ntpc and union of india praying for several ..... suddenly displayed a notice in its notice board, stating that, from 20th september, 1996, till the maharashtra state electricity board restores power to the factory of respondent no. ..... the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971 (hereinafter referred as the act). ..... considering an award passed in reference under section 73-a of the bir act. ..... it is submitted that, however, the maharashtra state electricity board (mseb) resorted to its own interpretation of the terms and conditions regarding concession granted to the company and went on issuing electricity .....

Vaman Maruty Gharat and Others Vs. M.P. Apte and Others

Court : Mumbai

Reported in : (1989)ILLJ134Bom

..... at from any point of view, this dispute was relating to industrial matter and, therefore, this dispute was an industrial dispute within the meaning of sections 3(17) of the bombay industrial relations act.22. ..... 'industrial matter' has been defined in section 3(18) of the bombay industrial relations act to mean any matter relating to employment, work, wages, hours of work, privileges, rights or duties of employers or employees, or the mode, terms and conditions of employment, apart from other inclusive ..... on behalf of the petitioners has replied that the employees were free to challenge the said finding in a revision under section 85 of the bombay industrial relations act. ..... respondent preferred a revision application under section 85 of the bombay industrial relations act. ..... declared that the respondent's action of refusing employment to the employees unwilling to give the undertaking, commencing from 11th of may 1978 and continued thereafter day to day was illegal lockout within the meaning of section 98(1)(a) and (b) of the bombay industrial relations act.7. ..... 24th of may 1978, the petitioners made an application to the labour court, the same labour court which had earlier declared the strike illegal, for a decision under section 78(1)a(c) of the bombay industrial relations, act. ..... respondent is a dyeing unit covered by the provisions of the bombay industrial relations act. ..... was a case under the maharashtra recognition of trade unions and prevention of unfair labour practices act, 1971. .....

M/S. Warden and Company (India) Limited Vs. Akhil Maharashtra Kamgar U ...

Court : Mumbai

Reported in : 2001(3)ALLMR82; 2001(3)BomCR375; (2001)2BOMLR959; [2001(90)FLR233]; (2001)IILLJ217Bom; 2001(2)MhLj484

..... singhvi further relied on four decisions of this court rendered by learned single judges which have held that the ratio in raymond case does not bar individual employees of an industry to which the bombay industrial relations act applies from filing complaints under items other than items 2 and 6 of schedule iv of the m.r.t.u. ..... d act and the bombay industrial relations act and that court was deciding a caseunder the bombay industrial relations act. ..... kuldeep singh further submits that this exclusive right is similar to the exclusive right of a representative union under the bombay industrial relations act to represent employees in all complaints under the m.r.t.u. ..... (2) notwithstanding anything contained in the bombay act, no employee in any industry to which the provisions of the bombay act, for the time being apply, shall be allowed to appear or act or allowed to be represented in any proceeding relating to unfair labour practices specified in items 2 and 6 of schedule iv of this act except through the representative of employees entitled to appear under section 30 of the bombay act. ..... while the application for interim relief was pending, a union called the akhil maharashtra kamgar union, hereinafter referred to as the 'a.m.k.u. ..... , submitted that the order of the industrial court is erroneous in that it awards wages to the workmen only for the period from february 1992 to december 1993 i.e. ..... failure to implement award, settlement or agreement. .....

Vithoba Maruti Chavan Vs. S.Taki Bilgrami and anr.

Court : Mumbai

Reported in : AIR1965Bom81; (1964)66BOMLR426; ILR1964Bom778

..... relating to the scope and ambit of the powers of the labour court under section 78 of the bombay industrial relations act, 1946 ..... bombay industrial relations act, 1946 (hereinafter referred to as 'the bombay act ..... this observations, the industrial court in that case observed that in the context and scheme of the bombay industrial relations act which aims at promoting industrial peace and industrial harmony, and in ..... 3 of the bombay industrial relations act, it may be conceded that the words 'propriety or legality of the order' may be construed more widely but it was not possible to hold that the intention is to make a ..... , or whenever the inquiry conducted by the employer was not in accordance with principles of natural justice or the action taken was mala fide or not in good faith, then alone the industrial tribunal would sit in judgment on such action of the employer and order reinstatement, if found necessary.in cases where such circumstances were not established and here it was a pure and simple ..... (b) all matters pertaining to the demarcation of functions of any employees or classes of employees; (c) all matters pertaining to any right or claim under or in respect of or concerning a registered agreement or a submission, settlement or award made under this act (d) all questions of what is fair and right in relation to any industrial matter having regard to the interest of the person immediately concerned and of the community as a whole'. ..... industrial court, maharashtra, bombay ..... maharashtra .....

Nanasaheb Eknath Suryawanshi Punyai Nagar Vs. Pune District Central Co ...

Court : Mumbai

..... industrial court at pune in an appeal under section 84 of the bombay industrial relations act ..... maharashtra recognition of trade unions and prevention of unfair labour practices act ..... bombay or central act:- if any proceeding in respect of any matter falling within the purview of this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter within the purview of this act is instituted under the central act, or as the case may be, the bombay act, then no proceedings shall at any time be entertained by the industrial ..... or labour court under this act ..... cause of action, as noted above, in the instant case, that matter, unless allowed to be raised before the industrial court under the said act, cannot be said to be brought before the industrial court seeking to remedy the grievance, as the amendment itself was disallowed. .....

Maharashtra General Kamgar Union Vs. Cipla Limited and ors.

Court : Mumbai

Reported in : (1996)98BOMLR727

..... act was the bombay industrial relations act, ..... the maharashtra act, it would be necessary to note that in the state of maharashtra, prior to the passing of the maharashtra act, two acts governing the relations between the employers and the employees in industries ..... this act is instituted under this act, then no proceeding shall at any time be entertained by any authority in respect of that matter under the central act or, as the case may be, the bombay act; and if any proceeding in respect of any matter within the purview of this act is instituted under the central act, or, as the case may be, the bombay act, then no proceeding shall at any time be entertained by the industrial or labour court under this act.section 60 of ..... practices and to find out how it supplies the lacuna and tries to achieve its goal.in para 15, the apex court has observed as under:the preamble of the act clearly indicates that the maharashtra act is brought on the statute book with the avowed purpose of regulating the activities of trade unions and for preventing certain unfair labour practices both on the part ..... . it is in the light of the aforesaid scheme of item i of schedule iv that we have to turn to the remaining relevant sections of the act.in para 39, the apex court has observed as under:we have also to keep in view that the maharashtra act is a social welfare legislation and in interpreting such a welfare legislation, such a construction should be placed on the relevant provisions which effectuates .....